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Home My WebLink About20051244 INVENTORY OF ITEMS FOR CONSIDERATION Applicant: Marcum Midstream 1995-2 Business Trust Case USR-1500 Conquest Oil Company • CNumber Submitted or Prepared Prior to At Hearing Hearing NI 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Folsom Field Check Form Letter to Applicant X Affidavit of sign posting X Legal Notifications X • 2 Application X Maps X Surrounding Property/Mineral Owners X Utilities X • 3 Referral List X 4 Referrals without comment Weld County Code Compliance, referral dated 1-27-2005 X State of Colorado, Division of Wildlife, referral received 3-8-2005 X Referrals with comments • 5 Colorado Department of Transportation referral received 2-2-2005 X N 6 West Greeley Soil Conservation District, referral dated 2-1-2005 X 7 Weld County Department of Building Inspection, referral dated 2-1-2005 X 8 Central Weld County Water District referral received 2-7-2005 X 9 Weld County Department of Public Works, referral dated 2-7-2005 X 10 Farmers Independent Ditch Company referral received 2-22-2005 X 11 Town of Gilcrest, referral dated 2-25-2005 X 12 Platteville -Gilcrest Fire Protection District referral received 2-24-2005 X N 13 Weld County Department of Public Health and Environment, referral dated 3-14-2005 3/a9iu I hereby certify that the 13 items identified herein were submitted to the Department of Planning Services at or prior to the cheduled Planning Commissioners hearing. EXHIBIT Kim Ogle •: Plan er 2005-1244 At4itr, LAND USE APPLICATION SUMMARY SHEET COLORADO Case Hearing Date: April 5, 2005 Number: USR-1500 Applicant: Marcum Midstream 1995-2 Business Trust 303 East 17`h Avenue, Suite 660, Denver, CO 80203 Applicant: Conquest Oil Company 1610 29th Avenue Place, #200; Greeley, CO 80634 • Situs Location: 13091 County Road 40 Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility and a Solids Recovery System) in the A (Agricultural)Zone District. Legal Description: Lot C of RE-4022, being part of Section 29, T4N, R66W of the 6th P.M., Weld County, CO Location: North of and adjacent to CR 40 and east of State Highway 60 Size of Parcel: 5 +/-acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Code Compliance, referral dated 1-27-2005 • West Greeley Soil Conservation District, referral dated 2-1-2005 • Weld County Department of Building Inspection, referral dated 2-1-2005 • Colorado Department of Transportation referral received 2-2-2005 • Weld County Department of Public Works, referral dated 2-7-2005, 3-23-2005 • Central Weld County Water District referral received 2-7-2005 • Farmers Independent Ditch Company referral received 2-22-2005 • Platteville-Gilcrest Fire Protection District referral received 2-24-2005 • Town of Gilcrest, referral dated 2-25-2005, 3-25-2005 • State of Colorado, Division of Wildlife, referral received 3-8-2005 • Weld County Department of Public Health and Environment, referral dated 3-14-2005 The Department of Planning Services' staff has not received responses from the following agencies: • State of Colorado, Oil &Gas Conservation Commission • Weld County Sheriffs Office USR-1500,CONQUEST OIL COMPANY, page 1 EXHIBIT frittn SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW 11`P€. COLORADO Planner: Kim Ogle Case Hearing Date: April 5, 2005 Number: USR-1500 Applicant: Marcum Midstream 1995-2 Business Trust 303 East 17th Avenue, Suite 660, Denver, CO 80203 Applicant: Conquest Oil Company 1610 29`"Avenue Place, #200; Greeley, CO 80634 Situs Location: 13091 County Road 40 Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility) in the A (Agricultural)Zone District. Legal Description: Lot C of RE-4022, being part of Section 29, T4N, R66W of the 6th P.M., Weld County, CO Location: North of and adjacent to CR 40 and east of State Highway 60 Size of Parcel: 5 +/- acres Parcel Number: 1057-29-000033 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-100.A(OG.Goal 5. ) states "Oil and gas support facilities decisions which do not rely on geology for locations shall be subjected to review...." This proposal has been reviewed by the appropriate referral agencies and it has been determined that the attached Conditions of Approval and development standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural) Zone District.Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support and Service as a Use by Special Review in the A (Agricultural)Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The property is surrounded by agricultural fields in crop production USR-1500,CONQUEST OIL COMPANY, page 2 and related uses. There are single family dwellings on acreages in the immediate vicinity. A commercial greenhouse is located west of SH 60 at CR 40 and a natural gas processing plant is located east of the property on the south side of CR 40. The Town of Gilcrest is located within one mile of this proposed facility. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The existing site does lie within the three mile referral area of the Town of Gilcrest. The Town in their referral dated February 25, 2005 states they had reviewed the request and find the proposal does not comply with their Comprehensive Plan. Further, the Town is concerned with the impact that 50-60 trucks will have on County Road 40 a local gravel road. E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood Hazard or Airport Overlay District. The existing site is within the County-wide Road Impact Fee Area. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11). F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The size of the parcel accompanied with existing residential improvements does not make it conducive to agricultural practices. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services'staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) B. All sheets of the plat shall be labeled USR-1500 (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The approved Screening Plan,to address the outdoor storage of materials, including the trash dumpster associated with this facility shall be screened from adjacent properties, including the public rights-of-way. (Department of Planning Services) 3) County Road 40 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 40 shall be delineated right-of-way on the plat.This road is maintained by Weld County. (Department of Public Works) USR-1500,CONQUEST OIL COMPANY, page 3 4) The applicant shall delineate a storm water retention facility on site that is designed to retain the storm water run-off from the fully developed site from a 100-year storm event or as otherwise requested by the Department of Public Works. (Department of Public Works) 5) The applicant shall delineate all right-of-way and easements associated with the Farmers Independent Ditch Company. (Department of Planning Services) D. All required Air Emissions Permits must be obtained from the Air Pollution Control Division, Colorado Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) E. A Ground Water Monitoring Plan shall be submitted to the Weld County Health Department of Public Health and Environment for review and approval. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) F. If appropriate, a Storm Water Discharge Plan shall be submitted to the Weld County Department of Public Health and Environment and Colorado Department of Public Health and Environment for review and approval. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) G. The applicant shall attempt to address the requirements(concerns)of Farmers Independent Ditch Company, as stated in the referral response dated February 22, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Farmers Independent Ditch Company, Department of Planning Services) H. The applicant shall enter into a Long-Term Maintenance and Improvements agreement for County Road 40 associated with the designated haul route. The agreement shall include any intersection improvements and adequate turning radiuses associated with the heavy hauling to the proposed facility. Evidence of Department of Public Works approval shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Works) I. The applicant shall submit a Screening Plan to the Department of Planning Services for review and approval. With approval, the Screening Plan information shall be graphically delineated on the USR Plat. (Department of Planning Services) J. The applicant shall submit written evidence of compliance with all of the Department of Public Health and Environment's stipulations and requirements as stated herein. Written evidence shall be submitted to the Department of Planning Services. (Department of Planning Services) K. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1.above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00. USR-1500,CONQUEST OIL COMPANY, page 4 The preferred format for Images is .tif(Group 4).(Group 6 is not acceptable). This digital file may be sent to mans(a.co.weld.co.us. (Department of Planning Services) 4. Prior to the Release of Building Permits: A. A building permit shall be obtained prior to the construction of any new building, tanks or support facilities. (Department of Building Inspection) B. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. Include a Code Analysis Data sheet provided by the Weld County Building Department with each Building permit application. (Department of Building Inspection) C. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) D. The Future office building will be classified as B occupancy. Contact Plateville-Gilcrest Fire Protection District for their requirements. Fire resistance of walls and openings,construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection) E. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) F. A concrete secondary containment structure (floor and walls) surrounding each tank or battery of tanks shall be constructed. The volume retained by the structure shall be 150% greater than the volume of the largest tank inside the structure. A registered professional engineer shall design the structure. The structure shall prevent any release from the tank system from reaching land or waters outside of the containment area. The operator shall provide evidence from the engineer to the Weld County Department of Public Health and Environment and Planning Services that the structure has been constructed to meet this criterion. (Department of Public Health and Environment) G. A detailed design and operations plan shall be submitted to the Weld County Department of Public Health & Environment for review and approval for the bio-bed. The bio-bed shall be constructed and operated in accordance with the approved design. Evidence shall be submitted to the Weld County Department of Public Health and Environment and the Colorado Oil & Gas Commission that demonstrates the bio-bed was constructed in accordance with the approved design. (Department of Public Health and Environment) H. A detailed design of the "concrete unloading pad" shall be submitted to the Weld County Department of Public Health&Environment shall be submitted for review and approval. The design shall demonstrate how all spilled waste, stormwater, and wash down water will be contained within the receiving area and concrete sump. The"concrete unloading pad"shall be constructed and operated in accordance with the approved design. (Department of Public Health and Environment) The applicant shall submit evidence to the Weld County Departments of Public Health and Environment and Planning Services and the Colorado Oil and Gas Conservation Commission USR-1500,CONQUEST OIL COMPANY, page 5 that the facility was constructed in accordance with the application materials. (Department of Public Health and Environment) J. A copy of the drilling log shall be submitted to the Weld County Department of Public Health and Environment. (Department of Public Health and Environment) K. A permitted individual sewage disposal system shall be installed to serve the facility. In accordance with the Weld County ISDS Regulations, the system must be designed by a registered professional engineer. The design must be submitted to the Weld County Department of Public Health and Environment for review and approval prior to installation. (Department of Public Health and Environment) L. Solids and sediment will accumulate in the storage tanks. The facility shall submit a detailed plan that describes the method those solids will be removed, including all on-site handling procedures. The plan shall provide a commitment to notify the Department of Public Health and Environment, in writing, in the event the plan is amended. The plan shall be reviewed and approved by the Department of Public Health and Environment. (Department of Public Health and Environment) M. A detailed closure plan shall be submitted to the Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission. The closure plan shall include a description of the manner in which the well will be plugged and abandoned, • as well as specific details regarding reclamation of the property. No structures or equipment associated with the facility shall remain on the property following closure. (Department of Public Health and Environment) N. The facility shall post financial assurance with the Colorado Oil and Gas Conservation Commission (COGCC). The financial assurance shall be adequate to cover a third-party closure of the facility,including the plugging and abandonment of the well, in accordance with industry standards, and the removal of all structure (including concrete)on the facility. The site shall be returned to its original grade. In the event the COGCC does not have the authority to require financial assurance for the entire cost required for third-party closure,the facility shall post the remainder of the financial assurance with Weld County. The facility shall submit evidence to the Weld County Departments of Public Health and Environment and Planning Services that the appropriate financial assurance has been obtained. (Department of Public Health and Environment) 5. Prior to Operation: A. The applicant shall contact the office of the Weld County Sheriff to schedule a walk-through of the site for the purposes of implementing the program "Crime Prevention through Environmental Design". This program reduces the likelihood of criminal activity at a specific location by"hardening"it to crime. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Sheriffs Office) USR-1500,CONQUEST OIL COMPANY, page 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CONQUEST OIL COMPANY (Marcum Midstream 1995-2 Business Trust) USR-1500 • 1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 4. A manager, knowledgeable in operating an injection well,shall be on site when the facility is receiving waste. (Department of Public Health and Environment) 5. A safe and adequate sewage disposal system shall be available on the facility premises. (Department of Public Health and Environment) 6. A safe and adequate fresh water supply shall be available on the facility premises. (Department of Public Health and Environment) 7. No disposal of waste other than Class II, as defined by the Environmental Protection Agency, is permitted. Any changes from the approved Class II use would require an amendment to this Special Review permit. (Department of Public Health and Environment) 8. Any wastes generated on the facility shall be disposed in accordance with the Colorado solid Waste Act,Section 30-20-100.5, C.R.S.,or other appropriate rule, regulation, or law. (Department of Public Health and Environment) 9. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A), as measured according to Section 25-12-102, CRS. (Department of Public Health and Environment) 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 11. All chemicals stored on-site must be in locked buildings, on an impervious surface, provided manufacturer recommendations for safe storage and handling are in accord. In any event, manufacturer recommendations will take precedence. (Department of Public Health and Environment) 12. The facility shall comply with any required air emissions permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 13. All liquid wastes received at the facility shall be unloaded on the unloading pad. The concrete unloading pad shall be cleaned at a frequency that prevents oils and other wastes from building up on the pad. At a minimum,the pad shall be washed daily,with a jet hose to remove any waste build- up. During winter months, the facility shall maintain the unloading pad free of ice. (Department of Public Health and Environment) USR-1500, CONQUEST OIL COMPANY, page 7 14. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental Health Services Division. The Division reserves the right to require additional, more extensive monitoring at a later date. (Department of Public Health and Environment) 15. The facility must comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, the Colorado Oil and Gas Conservation Commission, any other applicable agency, and all applicable Weld County Code. (Department of Public Health and Environment) 16. The"flat tank"and"concrete sump"shall be appropriate covered and protected to prevent people and wildlife from entering. (Department of Public Health and Environment) 17. Any liquid or solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 18. Any petroleum-contaminated soils on the facility shall be removed,treated or disposed in accordance with all applicable rules and regulations. (Department of Public Health and Environment) 19. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Public Health and Environment) 20. The facility shall comply with the approved groundwater monitoring plan.(Department of Public Health and Environment) 21. All storm water, which has come into contact with waste materials on the site, shall be confined on the site. In the event that storm water is not adequately controlled on the site,upon written notification from the Weld County Department of Public Health and Environment or the Colorado Department of Public Health and Environment,a comprehensive site-wide storm water plan shall be developed and implemented. The plan must be approved, in writing prior to implementation by the Weld County Department of Public Health and Environment and the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 22. The facility shall have adequate equipment to dewater the bio-bed structure. The Bio-bed structure shall be dewatered to a level that restores the storage capacity to allow containment of the amount of stormwater resulting from a twenty-five year,twenty-four hour storm event. (Department of Public Health and Environment) 23. All contaminated soils shall be stored on an impervious surface where any stormwater that comes into contact with the soils would be contained. (Department of Public Health and Environment) 24. Access to the brine water disposal site is from County Road 40. The designated haul route is on County Road 40 TO State Highway 60. All vehicles hauling to the brine water facility will be restricted from traveling east on County Road 40. All traffic to the facility will enter west on County Road 40 from State Highway 60 with the exit route being west on County Road 40 to State Highway 60. Transport trucks weighing up to 40 ton will visit the site approximately 50-60 times a day and less on weekends. (Department of Public Works) 25. The off-street parking spaces including the access drive shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems. There is an existing concrete loading pad. Utilize the existing access and departure points. (Department of Planning Services) 26. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned ponding of storm run-off. (Department of Public Works) USR-1500,CONQUEST OIL COMPANY, page 8 27. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 28. Setback and offset distances shall be determined by Chapter 23, Weld County Code. (Department of Building Inspection) 29. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 30. Hours of operation are limited to dawn until 10:00PM daily as stated in the application materials. 31. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County wide Road Impact Fee Program. (Department of Planning Services) 32. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 33. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 34. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 35. Personnel from Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 36. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 37. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) USR-1500, CONQUEST OIL COMPANY, page 9 a �1 ---.) DEPARTMENT OF PLANNING SERVICES �1 PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 918 10`" STREET WIIDc GREELEY, COLORADO 80631 COLORADO January 27, 2005 Marcum Midstream/Conquest Disposal Dale Butcher 1610 29`" Ave PI. #200 Greeley CO 80634 Subject: USR-1500- Request for a Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District on a parcel of land described as Lot C RE-4022; being part of Section 29, T4N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for April 5, 2005, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10'" Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. ^ It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Gilcrest Planning Commission for their review and comments. Please call Gilcrest at 970-737-2426 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Gilcrest Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Plrn�� Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS March 26, 2005 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1500 IN THE A (AGRICULTURAL) ZONE DISTRICT. Chris Gathman Name of Person Posting Sign eut Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) , The foregoing instrument was subscribed and sworn to me this e�'yy8ay of ikJ('I I , 2005. WITNESS my hand and official seal. SEMar . .. MU J N.tary Public I ( d o '4,f..... Of 60:- 0-(11-01 � �, `I ._ My Commission Expires: V' y is- - - vile NOTICE vinc A PUBLIC HEARING CONCERNING - - THIS PROPERTY WILL BE HELD AT 9K EVOmor c t.' . wi PQ'SP. c 2ws+t USE_ • _ WI N.hf'ri.T -0.-- r• / e FOR MORE INFORMATION CAFE _ , • - - - '-a _ �. , •�':• WELD COUNTY DEPARTMENT OF -_ _ ,� - - _ • . . ` `r.2.tu.r PLANNING SERVICES AT '" : - Y=`--' `- 19101351- 6100 <it 3510 �` 'y`+•` �• : - ' ':� .t. w-r .lt...1 ?.gib • .-.w' 11- -.1061'6-a - • •i - ,ter� .r :. r t : _ jc- �' _ • r `y .i _ - w ,. N. - r.4 r-, I. L.4 4.2 • I• ?i -- yam.. . .N. _v •«. • l /- ,� y • Ii.".'--. c ` _ _ cn _r-Ia:tt- .E -10,,.: i�. - , ' fit . L. • .�� `,- 1 .. tit _ IA a. ,. _ 1 '�_. __ - era _�� Y ' +� - 1e it Z T -a., _ O05 • ,,y.t y ryf '/� itit I • • — +. — } • t , I o I I. rs•• - mho*—• . at ` - • • ' • =< '"-....:_%•• ----""a.ml _ -- -- ,�y L. . . - . . . - FIELD CHECK inspection date: March 23, 2005 Case Number: USR-1500 Applicant: Marcum Midstream 1995-2 Business Trust 303 East 179' Avenue, Suite 660, Denver, CO 80203 Applicant: Conquest Oil Company (Jim Goddard) 1610 29'"Avenue Place, #200; Greeley, CO 80634 Situs Location: 13091 County Road 40 Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility Brinewater Disposal) in the A (Agricultural)Zone District. Legal Description: Lot C of RE-4022, being part of Section 29, T4N, R66W of the 6th P.M., Weld County, CO Location: North of and adjacent to CR 40 and east of State Highway 60 Size of Parcel: 5 +/- acres Zonina Land Use N A(Agricultural) N Agricultural E A(Agricultural) E Agricultural/Residential - Labor Houses both North and South r sides of CR 40 S A (Agricultural) S Agricultural/ Residential, with large irrigation ditch W A(Agricultural) W Agricultural /Residential - Single Family Residence and SH 60 COMMENTS: CR 40 is a two lane gravel road that does not follow section line due to the location of a large irrigation canal (Farmers Independent Ditch). Road has no magnesium chloride or other dust suppressant applied. Overhead electric north and south of CR 40. Underground telephone and gas line associated with the Aka gas processing facility on south side Merit oil tank battery and separator located to east. Predominate landscape is of agricultural fields with a few residences in near vicinity. Two are immediately adjacent to this proposed facility. Two labor houses on opposite sides of CR 40 are also present. North side is the Gilcrest labor house, south side are the Viola May Frank labor houses. Aka Energy Group operates a natural gas processing facility approximately'/, mile east of SH 60 on CR 40. (USR-866) Access off of SH 60 is skewed to accommodate the ditch alignment. There is a new bridge at this location with guard rails if approaching facility from the south. A non-engineered analysis by planner determined that a wide turn onto CR 40 would be required if approaching proposed facility from this direction. The does appear to be adequate turning area to accommodate the large vehicles. ' � Ki le, Planner Hello